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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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My dog had bitten by another dog about month ago in the Central

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My dog had bitten by another dog about month ago in the Central Park, off leash time, both dogs were off leased. I asked vet's bill but owner ignored. She later said, she will pay for half the bill. I said, if my dog were associating fight anyway, I would said, half, but that is not case. My dog is well trained that he does not bit anytime even he gets bite, he won't harm opponent dog. He just run in to bush to protect himself. In the history, every time we passed by this attacked dog, she wanted attack my dog since my dog was 8 weeks old. My dog was always calm, not even barking. I am taking her to smal Crain court. It is not about money, it is message the if your dog bite, owner is responsible the vet's fees. Not mention dog's suffer. What going to happen in court? What out come may be from your experience?
Welcome and thank you for your question!

I am sorry to learn of your experience. Did anyone else see the other dog bite your dog and, if so, will they be going to court with you?
Customer: replied 4 years ago.
It happen in the Central Park on Friday, around 8:30 am. Many dog's owners were working in the park, enjoying off leash time. Many owners were there, but you don't ask their names or tel.#. Asking as witness. Ifirst I thought it's okay, just scratches. But few minutes, later, some dog walker pointed at me that my dog was bleeding on his right face. I tried to look at him, but he won't let me see it. Usually, my dog don't have any problem me to check anywhere because, he was great pain, he did not anybody to touch him. That dog walker can not come to court be ause he has to make living. He was afraid even giving me the his tel. # XXXXX statement.

But my neighbor, she was walking with this dog ( attacker ) with this attacker's walker. After my dog got bitten, she removed this dog from my dog. ( my dog run into bush, protecting himself, bush became barier from attacker. When she removed attacker from my dog, attacker was just barking at my dog.

She did not see attacker bit my dog when she was talking with attacker's walker as walking. She said, attacker did not bite my dog. Right after my dog was bitten ( heard visious barking fromattacker and crying screming from my dog from pain ) then She turned around and chased dogs and removed. She did not see the moment when my dog was attacked.

What I did was also wrong. I did not take my dog to vet immediately. It happen on Friday and I took him to vet in Monday because I thought he will be fine. I should not panick, but he was in pain in the night, but because he was fine during the day, I thought ihe will be okay. Then I was talking to friends, they said, wounds easly become infected, I should take him to vet and I did. I have vet's diagnosis, how deep the wounds was and some scratches on lips and nose.
Thank you for the follow-up.

You will want to bring photos of the dog's injuries and a copy of the vet bills with you to court. If you bring other witnesses with you to court, that will be helpful, too.

If the other person does not show up to court, you will automatically win. It's called a "default" judgment.

If the other person shows up to court and admits that their dog bit your dog, you will automatically win.

If the other person denies that their dog bit your dog, then it will be a matter of who the judge believes. This is why you also want to bring the photos and copy of the vet bills with you to court.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 4 years ago.

Question 1. Did heart my case that I did not take vet immediately?
Question 2. Owner stem email offered that half of vet's bill. Is that means automatically addmitting her dog bit?
Question 3. If owner bring her friend who was walking that day and testified that her dog did not bit. Is judge believe her friend's testimonial?
Question 4. I have vet's bill and diagnosis, but, judge also ask dog's lisence?
Question 5. What case judge may said, split the bill?
Thank you for the follow-up. To answer your questions:

1. It did not help your case. One can argue that your dog was injured due to something else and not the fight. You simply have to explain to the judge why you waited.

2. Yes, that is an admission and you should take the e-mail to court with you.

3. It's up to the judge to decide who to believe and not believe.

4. I don't know if the judge will ask for the dog's license.

5. The judge will make his/her decision after hearing all side speak and after reviewing any evidence. There's no way to anticipate what the judge will rule since I don't know what everyone is going to say or present as evidence.

I hope this helps to clarify things and I wish you the very best at your court hearing!

~~ J.B.
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